Legal Notice

Definitions

Client: Any professional or natural person capable within the meaning of Articles 1123 and following of the Civil Code, or legal person, who visits the Site subject to these general conditions.

Services and Performances: https://www.tokize.com provides Clients with:

Content: All elements constituting the information present on the Site, including texts, images, and videos.

Customer Information: Hereinafter referred to as “Information(s),” which corresponds to all personal data that may be held by https://www.tokize.com for the management of your account, customer relationship management, and for analysis and statistics purposes.

User: Internet user connecting to and using the aforementioned site.

Personal Information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (Article 4 of Law No. 78-17 of January 6, 1978).

The terms “personal data,” “data subject,” “processor,” and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016-679).

1. Presentation of the website.

In accordance with Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, users of the website https://www.tokize.com are informed of the identity of the various stakeholders in its creation and follow-up:

Owner: SLU VAT Number: ESB65991556 – Carrer d’Àlaba 61 Local 4o 2a A 08005 Barcelona

Publication Manager: Frederic G. – [email protected]

The publication manager is a natural person or legal entity.

Webmaster: [email protected][email protected]

Hosting: Amazon – AWS Paris – – –

Data Protection Officer: Frederic G. – [email protected]

These GDPR legal notices are generated from the free legal notice generator for a website.

2. General conditions of use of the site and the services offered.

The Site constitutes a work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer, or exploit for its own account all or part of the elements or works on the Site.

The use of the site https://www.tokize.com implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, so users of the site https://www.tokize.com are invited to consult them regularly.

This website is normally accessible to users at any time. However, an interruption for technical maintenance may be decided by https://www.tokize.com, which will then endeavor to communicate in advance to users the dates and times of the intervention. The website https://www.tokize.com is regularly updated by https://www.tokize.com responsible. Similarly, legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible to become aware of them.

3. Description of the services provided.

The website https://www.tokize.com aims to provide information about all the activities of the company. https://www.tokize.com strives to provide as accurate information as possible on the site https://www.tokize.com. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in the update, whether due to it or to third-party partners who provide this information.

All information indicated on the site https://www.tokize.com is given for information purposes only and may change. Furthermore, the information on the site https://www.tokize.com is not exhaustive. They are given subject to modifications having been made since they were put online.

4. Contractual limitations on technical data.

The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, free of viruses and with an up-to-date latest-generation browser. The site https://www.tokize.com is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible durations, particularly for maintenance purposes, improvement of its infrastructures, failure of its infrastructures, or if the Services and Performances generate traffic deemed abnormal.

https://www.tokize.com and the host cannot be held responsible in case of malfunction of the Internet network, telephone lines, or computer and telephone equipment, especially due to network congestion preventing access to the server.

5. Intellectual property and counterfeits.

https://www.tokize.com is the owner of intellectual property rights and holds the rights to use all the elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without the prior written authorization of: https://www.tokize.com.

Any unauthorized use of the site or any of its elements will be considered as constituting an infringement and pursued in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.

6. Limitations of liability.

https://www.tokize.com acts as the publisher of the site. https://www.tokize.com is responsible for the quality and accuracy of the Content it publishes.

https://www.tokize.com cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the website https://www.tokize.com and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

https://www.tokize.com cannot also be held responsible for indirect damages (such as, for example, a loss of market or a loss of opportunity) resulting from the use of the site https://www.tokize.com. Interactive spaces (possibility to ask questions in the contact space) are available to users. https://www.tokize.com reserves the right to delete, without prior notice, any content deposited in this space that would contravene the applicable legislation in France, in particular the provisions relating to data protection. If necessary, https://www.tokize.com also reserves the right to question the civil and/or criminal liability of the user, especially in the case of messages of a racist, offensive, defamatory, or pornographic nature, regardless of the medium used (text, photograph, etc.).

7. Management of personal data.

The Client is informed of the regulations concerning marketing communication, the Law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Persons responsible for the collection of personal data

For Personal Data collected as part of the creation of the User’s personal account and his navigation on the Site, the data controller for Personal Data is: SLU ViscaWeb. https://www.tokize.com is represented by Frederic G., its legal representative.

As the controller of the data it collects, https://www.tokize.com undertakes to comply with the legal provisions in force. In particular, it is up to the Client to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data, and to maintain a register of processing that is consistent with reality. Whenever https://www.tokize.com processes Personal Data, https://www.tokize.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://www.tokize.com processes them.

7.2 Purpose of the data collected

https://www.tokize.com is likely to process all or part of the data:

  • to allow navigation on the Site and the management and traceability of the services ordered by the user: login and use of the Site, invoicing, order history, etc.
  • to prevent and fight against computer fraud (spamming, hacking, etc.): computer hardware used for browsing, IP address, password (hashed)
  • to improve navigation on the Site: connection and usage data
  • to conduct optional satisfaction surveys on https://www.tokize.com: email address
  • to carry out communication campaigns (sms, email): phone number, email address

https://www.tokize.com does not commercialize your personal data which is therefore only used out of necessity or for statistical and analytical purposes.

7.3 Right of access, rectification, deletion, and portability

In accordance with current European regulations, users of https://www.tokize.com have the following rights:

  • The right of access (Article 15 GDPR) and rectification (Article 16 GDPR), to update, and complete user data; the right to lock or erase personal data (Article 17 GDPR) when it is inaccurate, incomplete, ambiguous, outdated, or its collection, use, communication, or storage is prohibited.
  • The right to withdraw consent at any time (Article 13-2c GDPR).
  • The right to limit the processing of user data (Article 18 GDPR).
  • The right to object to the processing of user data (Article 21 GDPR).
  • The right to data portability for data provided by users, when such data is subject to automated processing based on their consent or a contract (Article 20 GDPR).
  • The right to determine the fate of user data after their death and choose whether https://www.tokize.com should (or should not) communicate their data to a previously designated third party.

As soon as https://www.tokize.com becomes aware of a user’s death, and in the absence of instructions from the user, https://www.tokize.com undertakes to destroy their data unless its retention is necessary for evidentiary purposes or to comply with a legal obligation.

If a user wishes to know how https://www.tokize.com uses their Personal Data, request rectification, or oppose its processing, the user can contact https://www.tokize.com in writing at the following address: – DPO, Frederic G., Carrer d’Àlaba 61 Local 4o 2a, 08005 Barcelona.

In this case, the user must specify the Personal Data they would like https://www.tokize.com to correct, update, or delete, accurately identifying themselves with a copy of an identification document (ID card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.tokize.com by law, particularly regarding the retention or archiving of documents. Finally, users of https://www.tokize.com can file a complaint with the supervisory authorities, including CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of Personal Data

https://www.tokize.com prohibits processing, hosting, or transferring information collected from its clients to a country outside the European Union or recognized as “not adequate” by the European Commission without prior notification to the client. However, https://www.tokize.com remains free to choose its technical and commercial subcontractors provided they offer sufficient guarantees in accordance with the General Data Protection Regulation (GDPR: No. 2016-679).

https://www.tokize.com commits to taking all necessary precautions to preserve the security of information and ensure it is not disclosed to unauthorized persons. However, if an incident affecting the integrity or confidentiality of client information is brought to the attention of https://www.tokize.com, it must promptly inform the client and communicate the corrective measures taken. Additionally, https://www.tokize.com does not collect any “sensitive data.”

User Personal Data may be processed by subsidiaries of https://www.tokize.com and subcontractors (service providers) solely to achieve the purposes of this policy. Within the scope of their respective duties and for the purposes mentioned above, the main individuals likely to have access to user data from https://www.tokize.com are primarily our customer service agents.

8. Incident Notification

Despite our best efforts, no method of transmission over the Internet and no electronic storage method is completely secure. Consequently, we cannot guarantee absolute security. In the event of a security breach, we would notify the affected users so they can take appropriate measures. Our incident notification procedures comply with our legal obligations, whether at the national or European level. We commit to fully inform our clients of any security-related issues with their accounts and provide all necessary information to help them comply with their own regulatory reporting obligations.

No personal information of the user of the site https://www.tokize.com is published without the user’s knowledge, exchanged, transferred, assigned, or sold to any third party. The only scenario in which the transmission of such information would occur is if https://www.tokize.com is acquired, and the acquirer is also bound by the same obligation to preserve and modify data concerning the user of the site https://www.tokize.com.

Security

To ensure the security and confidentiality of Personal Data and Health Data, https://www.tokize.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.

During the processing of Personal Data, https://www.tokize.com takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration, or destruction.

The site https://www.tokize.com contains several hyperlinks to other sites, established with the authorization of https://www.tokize.com. However, https://www.tokize.com cannot verify the content of these visited sites and consequently assumes no responsibility for them. Unless you decide to disable cookies, you agree that the site may use them. You can disable these cookies at any time, free of charge, using the deactivation options offered and outlined below, though this may limit or prevent access to all or part of the services offered by the site.

9.1. Cookies

A “cookie” is a small information file sent to the user’s browser and stored on the user’s device (e.g., computer, smartphone) (“Cookies”). This file includes information such as the user’s domain name, internet service provider, operating system, and the date and time of access. Cookies pose no risk of damaging the user’s device.

https://www.tokize.com may process information about the user’s visit to the site, such as pages viewed and searches conducted. This information allows https://www.tokize.com to improve the content and user navigation of the site.

As Cookies facilitate navigation and/or the provision of services offered by the site, the user can configure their browser to decide whether to accept or reject Cookies, either systematically or based on their source. The user can also configure their browser software to prompt them to accept or refuse Cookies on an individual basis before a Cookie is likely to be stored on their device. https://www.tokize.com informs the user that, in this case, the functionalities of their browser software may not all be available.

If the user refuses to store Cookies on their device or browser or deletes those already stored, they are informed that their navigation and experience on the site may be limited. This may also be the case when https://www.tokize.com or one of its service providers cannot recognize the type of browser used by the device, language and display settings, or the country from which the device appears to be connected to the Internet for technical compatibility.

In such cases, https://www.tokize.com disclaims any responsibility for the consequences related to the degraded operation of the site and services potentially offered by https://www.tokize.com, resulting from (i) the user’s refusal of Cookies or (ii) the impossibility for https://www.tokize.com to record or consult Cookies necessary for their operation due to the user’s choice. For the management of Cookies and user preferences, each browser’s configuration is different and described in the browser’s help menu, providing information on how the user can modify their preferences regarding Cookies.

At any time, the user can choose to express and modify their preferences regarding Cookies. https://www.tokize.com may also use the services of external providers to help collect and process the information described in this section.

By clicking on the dedicated icons for the Twitter, Facebook, LinkedIn, and Google Plus social networks on the https://www.tokize.com site or in its mobile application, and if the user has accepted the deposit of cookies by continuing to browse the https://www.tokize.com website, Twitter, Facebook, LinkedIn, and Google Plus may also deposit cookies on their devices (computer, tablet, mobile phone).

These types of cookies are only deposited on devices if the user consents, continuing their navigation on the https://www.tokize.com website. Nevertheless, at any time, the user can revoke their consent for https://www.tokize.com to deposit this type of cookie.

Article 9.2. Internet Tags

https://www.tokize.com may occasionally use Internet tags (also called “tags” or action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics specialist partner located in a foreign country (and thus store corresponding information, including the user’s IP address).

These tags are placed both in online advertisements that allow users to access the site and on different pages of the site.

This technology allows https://www.tokize.com to assess visitor responses to the site and the effectiveness of its actions (e.g., the number of times a page is opened and the information consulted), as well as the user’s use of the site.

The external provider may collect information about visitors to the site and other websites through these tags, compile reports on site activity for https://www.tokize.com, and provide other services related to its use and the Internet.

10. Applicable Law and Jurisdiction Allocation

Any dispute related to the use of the https://www.tokize.com site is subject to French law. Except where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Barcelona.